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Agenda for CC REGULAR

CC REGULAR

HIDALGO COUNTY
COMMISSIONERS' COURT MEETING
September 1, 2009
1:30 P.M.

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners' Court will be held in the Commissioners' Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

1.
Roll Call
 
2.
Pledge of Allegiance
 
3.
Prayer
 
4.
Approval of Consent Agenda
 
5.
Open Forum
 
6.
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.087 to discuss the following:
 
A.
Real Estate Acquisition
 
B.
Consultation with Attorney on litigation associated with New Adult Detention Facility & Law Enforcement Center Project
 
C.
Pending and/or potential litigation
 
D.
Claim of Magic Valley Electric Cooperative, Inc.
 
7.
Open Session:
 
A.
Real Estate Acquisition and appropriation for same
 
B.
Consultation with Attorney on litigation associated with New Adult Detention Facility & Law Enforcement Center Project
 
C.
Pending and/or potential litigation
 
D.
Claim of Magic Valley Electric Cooperative, Inc.
 
8.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
9.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
10.
Executive Officer - Valde Guerra:
 
A.
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

2. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation"
 
C.
A.  Presentation by delinquent tax attorneys regarding the Tax Collections Report for the period of July 1, 2008 through June 30, 2009;

B.  Discussion and possible action on an Order Authorizing the Resale of Foreclosed Real Estate Properties
 
D.
Requesting permission to gather in front of courthouse designated area on September 11, 2009 as part of Awakening America Alliance
 
E.
Presentation for discussion and consideration regarding pending and/or outstanding payment balances with Clean Air Solutions (Vendor Number 347647)  for various projects.
 
F.
Buildings & Grounds Organizational Realignment:
1.  Discussion, consideration and approval to change the Organizational Title of the Buildings and Grounds Department to the Facilities Management Department to include three (3) Operational Divisions:
     a.  Building Maintenance Division
     b.  Infrastructure Systems Division
     c.  Operations Division

2.  Approval to reclassify the following positions, effective 09/01/09. Reviewed and recommended as per section 3.22 of the Civil Service Commission Rules.
Slot No.
Current Position Title
Proposed Position Title
Current Budgeted Salary
Proposed Budgeted Salary
0001
Buildings & Grounds Director Building Maintenance Manager
$63,882.00
Same
0002
Executive Assistant Operations Office Manager
$44,491.00
Same

3.  Approval to delete one (1) regular full-time General Foreman position, slot #0003, budgeted salary $51,975.00.
4.  Approval to create one (1) regular full-time Infrastructure Systems Manager position, slot #0090, budgeted salary $65,000.00.
5.  Approval to create one (1) regular full-time Support Services Supervisor position, slot #0091, budgeted salary $43,050.00 and transfer employee no. 148679 from DBM to Facilities Management Department, effective 09/01/09.
6.  Approval of 2009 interdepartmental transfer.
7.  Approval of revised salary schedule
 
11.
Safety Division - Roy Quintanilha:
 
A.
Approval to accept settlement check from Cameron Land And Cattle in the amount of $290.00 for property damages (Precinct 1).
 
B.
1.  Approval to accept a check (#NB91196145) from Illnois Union Insurance Company in the amount of $32,252.72 for payment in connection with claim for Dolores Huerta, C-1374-08-I.

2.  Approval to accept a check (#NB91196144) from Illnois Union Insurance Comapny in the amount of $70,914.59 for payment in connection with claim for Yhadira Encina, C-1130-07-D.
 
12.
Health & Human Services Department - Eddie Olivarez:
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
 
B.
1.  Requesting approval to accept the attached FY 2010 SDI Contract #2010-033069, Attachment #001, in the amount of $227,441.00 for the period 9/1/2009 to 8/31/2010.

2.  Approval of Certification of Revenues as certified by the County Auditor for the SDI Contract.

3.  Requesting approval of the attached SDI Contract Budget and Salary Schedules for the period 9/1/2009 to 8/31/2010 (Account #9-1293-441-00-340-018-0).
 
C.
1.  Requesting approval to accept the attached FY 2010 TB Prevention & Control Contract #2010-032844, Attachment #001, in the amount of $198,510.00 for the period 9/1/2009 to 8/31/2010.

2.  Approval of Certification of Revenues as certified by the County Auditor for the TB Prevention & Control Contract.

3.  Requesting approval of the attached TB Prevention & Control Contract Budget and Salary Schedules for the period 9/1/2009 to 8/31/2010 (Account #9-1293-441-00-340-008-0).
 
D.
Acceptance and approval enter into a Memorandum of Agreement between Hidalgo County, and the University of Texas Health Science Center at Houston for the 2012 Tuberculosis Study.
 
13.
Urban County - Diana Serna:
 
A.
Requesting authorization to amend the subrecipient agreement with the Advocacy Resource Center for Housing (ARCH) to decrease funding by $44,000 for a new agreement amount of $35,429.67 in ESG Surplus Funds.
 
B.
1.  Public Hearing concerning a proposed Program Amendment for Urban County Program FY 22 (2009) for Hidalgo County Precinct No. 3.  The proposed amendment will add a Street, Water/Sewer and Youth Activity to the approved work plan.

2.  Requesting approval of a Program Amendment for Hidalgo County Precinct No. 3 to the existing work plan for Urban County Program Year 22 (2009).
 
C.
Requesting authorization to amend the subrecipient agreement with The Salvation Army to increase funding by $44,000 for a new agreement amount of $250,453.41 in ESG Surplus Funds.
 
14.
Planning Department - Raul Sesin:
 
A.
1. Discussion and Possible Action on request by property owners of various tracts out of Lot 44-7, West Addition to Sharyland Subdivision AKA Colonia Trevino through The Texas Rio Grande Legal Aid to waive penalties and interest of delinquent property taxes. 

2. Discussion and Possible Action for authorization of Hidalgo County Judge to sign an application to the City of Pharr Planning and Zoning Commission Hearing Request for Subdivision Plat Approval of Proposed Precinct No. 2 Office Complex Subdivision. 

3. Discussion and Possible Action to grant change fund of $150.00 for the main office (Edinburg) and $75.00 for the Precinct No. 3 Sub-station (Mission) for a total of $225.00.
 
15.
Elections Administration - Yvonne Ramon:
 
A.
Approval of Official Bond renewal for Yvonne Ramon, Elections Administrator
 
16.
District Attorney's Office - Roy Cazares:
 
A.
DA-State Supplement (1281):
1.  Approval of Certification of Revenues as certified by the County Auditor for the DA-State Supplement Grant. 
2.  Approval of 2009-2010 D.A. State Supplement Budget, fund 1281,  in the amount of $34,450.00.
3.  Approval of salary schedule.
 
B.
1. Authorization and approval to amend the 2010-2011 Victim Coordinator and Liaison Grant (VCLG) Contract.
2. Requesting authorization for the County Judge to execute the Amended 2010-2011 Victim Coordinator and Liaison Grant (VCLG) Contract.
 
17.
WIC - Norma Longoria:
 
A.
1.  Approval of Certification of Revenues, as certified by the County Auditor, for the WIC Program.
2.  Approval to amend (increase) the 2009 WIC Grant Program budget in the amount of $102,000.00.
 
18.
Sheriff's Office - Chief Martinez:
 
A.
Approval to deobligate remaining funds from the OCDETF SW-TXS-0672 overtime grant in the amount of $2,083.22.
 
B.
FY 09 Recovery JAG Program Grant:
Authorization and approval to accept the FY09 Recovery Act Edward Byrne Memorial - Justice Assistance Grant (JAG) Program awarded by the Office of Justice Programs, U.S. Department of Justice.
 
C.
Approval to deobligate funds from the GCVOFTF overtime grant with the United States Marshal Service in the amount of $1,000.00.
 
19.
Colonia Access Program - Agapito Vargas
 
A.
Presentation for discussion, consideration and action for approval of Funding Agreement For Border Colonia Access Program Amendment #3, to apply a transfer of the remaining Allocated funds from 1st call Border Colonia Access Program to 2nd call Border Colonia Access Program.
 
20.
Precinct. #1 - Comm. Handy:
 
A.
Presentation, discussion, and possible action of re-naming Juan Diaz Rd. to Mile 14 North from FM 88 to Mile 6 West.
 
21.
Precinct #3 - Comm. Flores:
 
A.
Discussion, consideration, and approval of Interlocal Agreement between County of Hidalgo and City of Penitas (Intersection 3 Mile Line on Tom Gill Rd.)
 
B.
Requesting approval to name road located in Precinct #3 as LA LLANTA LN.
 
C.
Discussion, consideration and approval of Lease Agreement regarding the Tick Eradication Program for Havana Location - Pct.3
 
22.
Budget & Management - Raul Silguero Jr.:
 
A.
Interdepartmental transfers:
 
1.
DBM- Visiting Judges (1100)
Approval of 2009 interdepartmental transfer from Co Wide Administration to Visiting Judges (1100) in the amount of $10,000.00.
 
2.
Pct. #2 BCAP (1311):
Approval of 2009 interdepartmental transfer for the Precinct No.2 BCAP (1311) program fund from Roadrunner No. 2 program# (620), into Morning Sun program (484), Pentecostal program (557), Southside Village program (693), and ValBar Estates program (767) respectively, in the total amount of $4,632.69 to fund anticipated project expenditures.
 
3.
Pct. #2 CO 2009 Series (1339):
Approval of 2009 interdepartmental transfer within Certificate of Obligations Series 2009, from the Precinct 2 Drainage Improvement Project (program 034) into Southfork Estates Drainage, (program 040) in the amount of $60,000.00 to fund project expenditures.
 
4.
Pct. #4 - C.O. 2009 Series (1339):
Approval of 2009 Interdepartmental transfer within Certificate Of Obligation Series 2009 Precinct #4 Drainage Improvement Project from (program 036) to Damian Acres (program 041) in the amount of $ 42,637.30 to cover project expenditures.
 
B.
Budget Appropriations:
 
1.
Co. Wide Adminisitration (1100):
Approval to appropriate $390,798.45 from new source of General Fund revenue as certified by the County Auditor to the Co. Wide Administration-Contingency account.
 
C.
Interfund transfers:
 
1.
R & B Co. Wide (1200):
Approval of 2009 interfund transfer from Notes Payable (1401) fund balance to R & B Co. Wide (1200) fund balance in the amount of $30,199.99 to fund un-anticipated expenditures.
 
D.
Salary Schedule Changes:
 
1.
Constable Pct. #3 (1100):
a.  Discussion, consideration and action to fund the grant portion of the budgeted salary for slot #013 from General Fund in the amount of $23,235.00 plus fringes due to termination of the LRGVDC - Solid Waste Grant.
b.  Approval of revised salary schedules.
 
23.
Purchasing Department - Marty Salazar:
NOTES:  
1.  FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES  OF THE CONTRACT(S) WILL BE FORWARDED TO HIDALGO COUNTY AUDITOR'S OFFICE.
2.  ANY/ALL REQUESTS FOR ACCEPTANCE AND APPROVAL OF CLAIMS/INVOICES UNDER THIS AGENDA WILL INCLUDE AUTHORITY FOR AUDITOR TO ISSUE PAYMENT AFTER REVIEW, AUDIT AND PROCESSING PROCEDURES ARE COMPLETED 
 
A.
Hidalgo County
 
1.
Current inter-local(s) and/or contract(s) for the "Housing of Inmates"
 
2.
Presentation for discussion, consideration and action
Including, but not limited to, the following items in connection with New Adult Detention Center:
         a)  Detention Facility Law Enforcement Center Design- Build Contract with including action regarding Landmark Application for payment, final punch list and release of retainage
         b)  Construction of additional pod(s)
         c)  Selection and engagement of an architect for the construction of additional pods
 
3.
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
        a) Renovations of administration building
        b) Other ongoing county owned building construction, renovation repair projects 
        c) Emergency situations occurring since last agenda meeting
 
4.
Acceptance and approval to award proposals received from ____________________ in the amount of $___________ for Mold Remediation Services  and from____________________ in the amount of $__________ for Remediation Monitoring Services  through Hidalgo County's membership/participation with TIPS (The Interlocal Purchasing System's awarded vendor) for the provision of labor, materials and related accessories, as per specifications for project: "Hidalgo County-North San Juan CRC Mold Remediation(Removal) and Mold Remediation Monitoring Services"-Project #09-339A-MSS.
 
5.
a. Requesting exemption from competitive procuremnt requirements under the Texas Local Government Code, Section 262.024(a)(7)(a) proprietary software in connection with On-line Research Services for Hidalgo County;

b. Requesting approval of agreement(s) if applicable for "On-line Research Services" with Lexis Nexis including but not limited to the following Hidalgo County department(s): 

1. Community Supervision & Corrections Department (Adult Probation) 
2. Criminal District Attorney s Office 
3. All Judicial Courts 
4. All Constables
5. Hidalgo County JP Technology 
6. Hidalgo County Clerk
 
6.
Acceptance and approval to award the proposal received from Chemical Response & Remediation Contractors, Inc. (through Hidalgo County's membership/participation with TIPS (The Interlocal Purchasing System's awarded vendor) for the provision of labor, materials and related accessories, as per specifications developed by Raba Kistner Consultants, Inc. for "Hidalgo County -Asbestos Abatement for the Old Administration Building" (Project #09-071D) in the total amount of $88,318.00.
 
7.
a.  Approval to declare as "surplus" mulch and/or compost material when available and stockpiled at Precinct locations for the purpose of disposition through options, including, but not limited to the following:

b.  Pursuant to Texas Local Government Code, Chapter 263.152 (a)(4)(A)(B)(C), Commissioners Court determination to donate to civic or charitable organizations located in the county; and, as an additional resource for disposition;

c.  Authority to advertise the sealed procurement of:  Sale or Exchange, Loading and Hauling of Mulch and/or Compost Material (when available and stockpiled) at various Precinct locations in Hidalgo County.
 
8.
a. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Section 262,024 (a) (7) (A) 'an item that can only be obtained from a sole source because of the existence of patents, copyrights ...';

b. Acceptance and approval of a "Sole Source Declaration" for Robotronics, Inc. the copyright holder, manufacturer, and  repair & maintenance vendor of Animated McGruff the Crime Dog Costume (s) and accessories for Crime Prevention Presentations;

c. Authority for Hidalgo County to purchase from Robotronics, Inc. Animated McGruff the Crime Dog Costume(s) for Crime Prevention Presentations/Programswide departments with term of authority commencing upon approval and expiring December 31, 2010.     
 
9.
Requesting approval of listed items with awarded vendor, OG Construction Company, LLC (contract #C-08-399-02-09) (PO#618129) as reviewed and submitted through project engineer, R. Gutierrez Engineering Corporation (contract #C-08-381-09-16) in connection with Tower Road Drainage Project:

a. Change Order No.5 in the amount of $3,474.40 reflecting all the identified items reduced/changed which brings the current contract price to $545,376.73;

b. Final Application for Payment in the amount of $83,635.74;

c. Release of Retainage in the amount of $27,268.84;

d. Certificate of Construction Completion reflecting July 10, 2009 as completion date.
 
10.
Pursuant to Hidalgo County specifications, presentation for acceptance and approval of proposed  floor plan, diagram, or scheme for the  renovations of: Lease and/or Lease Purchase Office Space for Hidalgo County (building also known as the Mediplex Facillity) awarded by CC on 6-8-09 so as to proceed to finalize and execute Lease and/or Lease Purchase Document and vendor to commence renovations.
 
B.
Pct. 1
 
1.
a.  Approval to enter into an Interlocal Agreement between the City of Mercedes and Hidalgo County in connection to Contract No. C-08-226-09-30 for "Mile 2 West Road (from Mile 12 North and 0.44 Miles North of US-83)" for Hidlago County Precinct No. 1; 

b. Approval of Work Authorization #1 (Supplemental Agreement No. 2) for Four (4) parcel at $2,750.00 per parcel or an increase of $11,000.00 with TEDSI Infrastructure Group to provide engineering services to Hidalgo County Precinct No. 1 in connection with Contract No. C-08-226-09-30 for "Mile 2 West Road (from Mile 12 North and 0.44 Miles North of US-83)".
 
C.
Pct. 2
 
1.
Approval of Request for Payment #5 (A-E) (Reimbursable); Payment #6 (A-E) (Reimbursable); Payment #7 (A-E) for New Precinct 2 Administration Office for Hidalgo County and Other County Offices in the amount(s): 

#
Description
Purchase 
Order No.
Payment No. 5
Payment No. 6
Payment No. 7
a. New Pct 2 Adm Office PO 617618
   141.75
3,627.86
1,995.36
b. Health Clinic PO 622522
141.75
3,627.86
6,637.31
c. WIC Pogram PO 622523
141.75
3,627.86
1,572.61
d. Tax Office PO 622524
141.75
3,627.86
3,240.70
e. Justice of the Peace Office PO 622525
141.75
3,627.86
4,250.93

from V-A Architecture, Contract NO. C-09-037-01-13.
 
D.
Pct. 3
 
1.
Requesting authorization and approval to purchase One (1) Used Trench Box Safety Shield in the amount not to exceed $20,000.00 to Aztech Rental of San Antonio for Pct. #3 although CC originally approved the purchase of two (2) trench box safety Shields on 07/14/09 and only one currently available to purchase with notice from Pct. #1 opting to wait for acquisition of proposed Trench box for a later date - project #2009-230-08-12-OGG.
 
E.
Pct. 4
 
1.
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service for engineering services in connection with county owned buildings/structures in need of repairs/renovations located in Pct. # 4 for compliance with statutory occupational code provisions;

b. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded & evaluated through the County's approved "pool" for the provision of professional engineering services in connection with county owned buildings/structures in need of repairs/renovations located in Pct. #4 to comply with statutory occupational code limits;

1st.__________________;2nd.__________________;3rd. __________________;

c. Authority for the Purchasing Department to negotiate a professional engineering services contract with the No.1 ranked firm of ___________________________ for the provision of engineering services (on an as needed basis) for the projects identified and detailed above and herein;
 
F.
Elections Department
 
1.
a.  Requesting authority to enter into a 12-month software renewal maintenance agreement with Votec for the Elections Department through requisition #161014 for the following services. Effective: 10/01/09 - 09/30/10 (9-1100-414-00-130-001-0-336)
Requisition #161014
1. Oracle Support User Fee for 20 users @ $100.00 each/year = $2,000.00
2. Vemacs Base Support Fee $1,200.00/year
3.  Vemacs per voter warranty and support fee 259,258 @ $51,025.80/year
Total from new price list $53,225.80
2009 discount = half the difference between new price and 2008 fee of $42,294.80 -$(5,965.50)
Total amount of $48,260.30;

b. Requesting authority to purchase computer software, equipment and/or peripherals through our membership/participation with (DIR) Department of Information Resource with the following awarded vendor.
Requisition Vendor Department Amount Account Number
161013 Votec Corporation Elections $26,250.00 9-1283-414-00-130-018-8-667
 
G.
Colonia Access Program Pct. 1
 
1.
Acceptance, and approval of Application for payment No. 3 (Release of Retainage) in the amount of $5,019.13 from Valley Paving Inc. contracted vendor for Dimas #1 Subdivision, submitted by project engineer TEDSI Infrastructure Group, CAP 08-033-3-31.
 
2.
Requesting approval of "Certificate of Construction Completion" Submitted by project engineer TEDSI Infrastructure Group reflecting the completion date of July 6, 2009 for El Monte Subdivision CAP 08-032-3-31
 
3.
Acceptance, and approval of Application for payment No. 3 (Release of Retainage) in the amount of $10,503.60 from Valley Paving Inc. contracted vendor for El Monte Subdivision, submitted by project engineer TEDSI Infrastructure Group, CAP 08-032-03-31.
 
4.
Requesting approval of "Certificate of Construction Completion" submitted by project engineer TEDSI Infrastructure Group reflecting the completion date of July 6, 2009 for Dimas No 1 Subdivision CAP 08-033-3-31.
 
5.
Requesting authority to advertise for Road & Drainage Construction of Balli Estates Subdivision a BCAP project with plans and specifications drafted by project engineer, TEDSI Infrastructure Group.
 
6.
Authority to advertise for Road & Drainage Construction of BCAP 3rd call projects: Brenda Gay Subdivision and Chapa II Subdivision with plans and specifications drafted by project engineer.
 
H.
Colonia Access Program Pct. 2
 
1.
Acceptance and approval of claims/invoices from Raba-Kistner totaling $1,069.45 for material testing on Eldora Gardens Subdivision through contract #C-CAP-08-023-09-02 which required work authorization(s) and erroneoulsy not requested.
 
2.
a. Acceptance and approval of Application for Payment (Release of Retainage) in the amount of $1,513.95 from Homer Alvarez d/b/a Alvarez Construction in connection with Red Barn Subdivision project, as submitted by R. Gutierrez Engineering Corporation-C-CAP-09-002-04-21;

b. Requesting approval of "Certificate of Construction Completion" submitted by project R. Gutierrez Engineering Corporation reflecting the completion date of June 12, 2009 for Red Barn Subdivision-C-CAP-09-002-04-21.
 
3.
Acceptance and approval of Application for Payment (Final) in the amount of $585.00 from Homer Alvarez d/b/a Alvarez Construction in connection with Red Barn Subdivision as submitted by project architect,  R. Gutierrez Engineering Corporation-C-CAP-09-002-04-21.
 
I.
Colonia Access Program Pct. 3
 
1.
Acceptance and approval of Change Order No. 1 with contractor Total Commitment, LLC for Monica Acres Subdivision, Pct. No. 3 an increase in the amount of $10,542.00 reflecting the addition of  a low profile curb and gutter and widening roadway, as submitted through project engineer, Javier Hinojosa Engineering-C-CAP-09-256-07-21.
 
J.
Planning Department
 
1.
Requesting approval to complete and submit an upgrade to the current account application from GCR Tire Centers, awarded vendor through TXMAS 7-261020-55 for the Planning Department with authority for County Judge or Court Member to execute.
 
K.
Co. Wide
 
1.
HIDALGO COUNTY RE: REAL ESTATE ACQUISITIONS-
Requesting authority to obtain and approval of (when applicable), including, but not limited to, the following items necessary in anticipation of real property/estate acquisition(s): fair market value appraisals, inspections, surveys, all phases-environmental assessments, title reports or title policies services, commercial contracts (improved property) or option contracts with authority for County Auditor to issue required earnest money payment(s) or option payment(s) and County Judge or Presiding Officer to execute necessary/required document(s)
 
24.
Adjourn